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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I am a food trader who booked a pitch for £250 at a wedding

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Hello. I am a food trader who booked a pitch for £250 at a wedding fair. I filled in a form electronically to book the pitch which included the following footnotes:
Terms and Conditions :
1. By submitting this booking form, you/your organisation are agreeing to, and will comply with the following terms and conditions;
2. Your booking is only confirmed once a 50% deposit payment is paid or full payment to Bohemian Dreams.
3. All remaining payment must be paid on the date stated on your invoice.
4. Bohemian Dreams have adequate Public and Staff Liability insurance to cover us as a business however ALL exhibitors must have adequate liability insurance
cover. We take no liability for any loss/theft or damage on personal items.
5. You must only showcase the services agreed and stated on this booking form.
6. Your stand must comply with design requirements and must be manned at all times.
7. No alcohol is to be sold unless agreed, and a valid alcohol license must be submitted. Under no circumstances is alcohol to be sold to any persons under the age of 18.
8. Exhibitors selling or offering food are required to have a minimum £5,000,000 Public Liability Insurance. The exhibitor must also be listed on www.ratings.food.gov.uk with
a ‘4’ or higher or have an EU Approved number. The exhibitor must provide this to Bohemian Dreams organisers no later than 3 weeks before the date of the event.
9. Bohemian Dreams will accept no responsibility for loss of earnings due to bad weather, or poor-attendance.
10. We will accept cancellations by yourself via email but not by phone. Once cancellation has been made you can not re-book.
11. The booking form constitutes a legally binding agreement. In the event of any situation that prevents your organisation from exhibiting, for example
transport strikes, adverse weather conditions, acts of God, terrorist attack, change of mind, disagreement or personal health, Bohemian Dreams will not be held
responsi-ble and is unable to offer any refunds.
12. Shared exhibitor stands are not permitted.
13. Places are allocated on a first come first serve basis.
14. In the unlikely event that the Bohemian Dreams wedding show was to cancel, we will endeavour to find an alternative day.
As it turned out, the wedding fair was very poorly promoted, there was incorrect location information included in the publicity material and the site was inappropriate in terms of accessibility. I got the impression that the organisers hadn't even visited the site before and had just set up the even to accrue exhibitors' pitch fees. Even if this wasn't their intention, I believe they were negligent in their level of organisation of the event.
I have complained to them in writing and it hasn't been dealt with in a professional way.
Is it possible, bearing in mind they have covered themselves for poor attendance in the T&Cs, that I can make a claim against them via mediation/small claims?
kind regards
Bridget
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello Bridget what is it you want to achieve?
How much are you seeking to claim?

Customer: replied 1 month ago.
Hello there, I want them to refund the pitch fee either in full or in part.
Bridget
Expert:  Jamie-Law replied 1 month ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 1 month ago.
do you think I have a case despite the fact they included disclaimers in their terms and conditions included on the booking form/contract?
Expert:  Jamie-Law replied 1 month ago.

Yes. In any event you could argue that the terms are unfair.

Does that clairfy?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1245
Experience: Solicitor
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